Posted On: October 31, 2012 by Pilar G. Kraman

Court appoints independent, neutral expert to opine on interpretation of attorney-client privilege under the laws of India

Judge Kent A. Jordan, sitting by designation, recently determined that communications of defendant with Indian in-house counsel employed by defendant were not subject to attorney-client privilege under the laws of India. Shire Development Inc. v. Cadila Healthcare Limited (d/b/a Zydus Cadila), C.A. No. 10-581-KAJ (D. Del. Oct. 19, 2012). To reach this conclusion, Judge Jordan independently appointed a neutral expert on the laws of India, "[b]ecause the parties presented diametrically opposed expert reports on this difficult questions[.]" Id. at 1. Judge Jordan ultimately adopted this expert's conclusions that, "under the laws of India, attorney-client privilege does not attach to communications between a legally trained corporate employee and his employer." Id. at 2.

Shire Development Inc. v. Cadila Healthcare Ltd., C.A. No. 10-581-KAJ (D. Del. Oct....